Posted on 1 December, 2025

Surgery is serious business. From lifesaving hysterectomies to cosmetic procedures, most people trust their operation will solve a problem, not create a new one.

But sometimes, things don’t go to plan, and your recovery isn’t what you expected it to be.

Alison McNamara, the Director of Commins Hendriks Solicitors, says the consequences of a surgery gone wrong can have a profound impact.

“Physically, women may experience chronic pain, loss of organ function, need for further corrective surgeries, incontinence or loss of fertility, to name just a few,” she explains.

“Psychologically, the effects can be even more significant, such as trauma, anxiety, depression, PTSD and difficulty bonding with a baby after a birth trauma. These impacts can affect relationships, employment, financial stability and quality of life.”

And while complications after surgery aren’t always someone’s fault, if your recovery feels harder than what you were prepared for, Alison says it is worth seeking help.

“I want women to know that you are not making a fuss by asking questions, and you are not alone. Contacting a lawyer simply means you are getting clear, experienced advice early to make informed decisions, and we are here to help you.”

Here are three things women need to know about making a medical negligence claim for a surgery gone wrong.

When and why should you make a claim

Alison says that it’s far too common for women to delay seeking help when it comes to medical negligence during surgery. Often, she hears that they are embarrassed, unsure whether what happened to them was “normal”, or they are hoping their situation will improve.

However, she says that women need to keep in mind that there are strict time limits in the ACT for making a claim.

“Generally, it’s three years. This time goes quickly, especially when you are dealing with the physical and psychological impact of an injury,” she says.

“Even if you are unsure whether what happened was negligence, it’s always worth having the conversation.”

How medical negligence claims can help

Medical negligence claims aren’t about blame – they’re about getting the support you need to move forward. Compensation can help cover your medical treatment, future care, lost income, and the impact the complication has had on your life.

It can also be an important step in helping you move forward.

Alison commonly supports women who have experienced birth trauma, gynaecological surgery errors, and disfigurement during cosmetic surgery. She says that failure to diagnose and treat post-operative infections and inadequate follow-up of complications – leading to further injuries – can also be considered medical negligence.

And whether it’s a second medical opinion or legal advice, getting help can assist you in understanding what’s happening.

“You don’t need to be certain, but it is always worth reaching out and asking the question and seeking advice from an experienced medical negligence lawyer early,” she says.

“It can make all the difference – and you deserve support from every angle, medically and legally.”

What to do if you’re worried something went wrong

The first thing you need to know is that you don’t need anything to make that first phone call – you just have to be willing to talk about your experience.

Explaining that your lawyer will help to obtain your medical records and prepare a detailed timeline of what happened and then discuss your matter with an expert doctor, Alison says picking up the phone is often the hardest but most important step.

However, writing down your symptoms, how they’re changing, your appointments, and any advice you receive will streamline the process.

Likewise, photos of wounds or swelling and a simple timeline of events can be incredibly helpful later on.

“A few simple things can make the process easier, such as keeping copies of your scans and test results, keeping a diary of your symptoms, holding onto your receipts, taking photos of your injuries and speaking openly with your lawyer about how the injury affects your life,” explains Alison.

“Not every outcome is predictable, even with excellent surgeons. But if things haven’t gone to plan, it’s important to speak up. I’ve seen too many women push through pain because they don’t want to ‘make a fuss’. We are here to help, navigate and advocate for you.”

For more information, visit comminshendriks.com.au